Ganesh Prasad Thakur @ Sunil Thakur And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13720 of 2015 Arising Out of PS.Case No. -178 Year- 2013 Thana -BIRAUL District- DARBHANGA ======================================================
1. Ganesh Prasad Thakur @ Sunil Thakur S/O Late Upendra Thakur
2. Santosh Kumar Thakur S/O Ganesh Prasad Thakur @ Sunil Thakur Both Resident of Village Parri, P.S. Biraul, District Darbhanga (Bihar). .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.14952 of 2015 Arising Out of PS.Case No. -178 Year- 2013 Thana -BIRAUL District- DARBHANGA ====================================================== Arun Thakur @ Arun Kumar Thakur Son of Dinesh Kumar Thakur, Resident of Village - Parri, P.S. - Biraul, District - Darbhanga (Bihar). .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
(In Cr.Misc. No.13720 of 2015) For the Petitioners : Mr. Vinay Kumar Mishra, Advocate.
For the Opposite Party : Mr. Ajay Kumar 1 (App) (In Cr.Misc. No.14952 of 2015) For the Petitioner : Mr. Vinay Kumar Mishra, Advocate.
For the Opposite Party : Mrs. Anuradha Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-05-2015 Heard both sides.
The petitioners apprehend their arrest in Biraul P.S. Case No. 178 of 2013, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. The informant alleged that the petitioners put rope
Patna High Court Cr.Misc. No.13720 of 2015 (2) dt.11-05-2015 2/3 around the neck and dragged him with an intention to kill him. Learned counsel for the petitioners submits that the occurrence took place due to land dispute. From the perusal of the FIR itself it would appear that the petitioners were cutting paddy crops. The petitioners filed Biraul P.S. Case No. 145/2013 on 21.05.2013 for the occurrence took place on 17.05.2013. The informant for the same occurrence filed the present case on 11.06.2013 on the basis of which the present FIR was lodged. It is further submitted that from perusal of Annexure-3 it would appear that the informant Randhir Kumar Thakur was examined on the same day in P.H.C., but no external injury was found he was advised for X-ray. But the informant again obtains another injury at page 30 Annexure-3 series which shows that abrasion around the neck of the informant was found. The injury was issued on 04.07.2013.
Considering the facts aforesaid, the petitioners above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Learned Sub-Divisional Judicial Magistrate,
Patna High Court Cr.Misc. No.13720 of 2015 (2) dt.11-05-2015 3/3 Biraul at Benipur, Darbhanga in connection with Biraul P.S. Case No. 178 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Prabhat Kumar Jha, J.) KKSINHA/- U T